The appellant sought an assessment of 30 accounts totalling over $600,000 from his former counsel over approximately two and a half years of representation in a family law proceeding.
Of these accounts, 26 were paid in full and four remained unpaid.
The application judge dismissed the application, finding that the appellant failed to establish special circumstances warranting assessment of the paid accounts under section 11 of the Solicitors Act, and declined to exercise inherent jurisdiction to assess the unpaid accounts.
The Court of Appeal upheld this decision, finding no error in the application judge's factual findings or legal analysis.
